A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 21, 2018, the Defendant, at around 23:11, is driving a car in approximately 2 meters section from the front of the studio parking lot B to the front road of B.

On the other hand, the police officer and the police box of the Sung Sung-gu Police Station sent to the police after the report of a drunk driving were voluntarily carried out.

The chief of the police box E, when carrying out voluntary operation, demanded the defendant to respond to the measurement of alcohol by inserting the breathm for about 15 minutes, on the grounds that there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as the crypt, while being able to say that he was carrying the crym and the crym of a substitute driver, he was carrying the crym and carried the crym on the crym.

Nevertheless, the Defendant alleged that he was not driving, and refused to comply with the request for a sobsing test by a police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation, 112 reported case handling table, and photographs at the scene of accident;

1. Report on the circumstantial statement of a drinking driver, and photographs refusing to measure drinking;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a person who drives a drinking alcohol and has failed to comply with the measurement of drinking alcohol by a police officer after receiving a report of 112, and the quality of the crime is not weak, and the defendant has a record of being punished by a fine due to being discovered for drinking driving in 2001, 2006 and 2007.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant is still in the same kind of crime.